Research On The Responsibility Subject System Of Ecological Restoration In Mining Areas

The development of mineral resources has important guarantee and practical significance for China’s energy consumption,economic development and foreign mining trade cooperation.With the advancement of China’s industrialization process,the ecological environment problems caused by the exploration and development of mineral resources have become increasingly serious.In 2019,the special chapter of the Mineral Resources Law of the People’s Republic of China(Revised Draft)(draft)stipulates the content of ecological restoration in mining areas,which has attracted attention from all walks of life.The perfection of the responsibility subject system is the premise of solving the problem of environmental restoration in the mining area.In the existing legal norms for mining area ecological restoration responsibility subject,on the basis of the provisions of the shortcomings through the law and mining right changes and the law problem analysis,summarizes the four aspects of system problems: the responsibility subject scope is narrow,law and mining right changes,the absence of responsibility distribution,lack of coordination between the main responsibility.Through the analysis and reference of the external legal experience,Considering the actual situation of our country,Put forward the countermeasures to improve the main responsibility system of ecological restoration in mining areas in China: First,Further expand the scope of responsibility subjects,Include the potential responsible persons,mining enterprise shareholders,insurance companies and other subjects;next,In view of the identification of liability subject under the change of mining rights,On the basis of the principle of liability for damage,Implement the principle of transfer and joint liability of liability subjects,At the same time,the responsibility of the mining right changes and other special circumstances is clear;once more,Improve the supporting legal system focusing on the third-party restoration system,Including the third-party restoration system,the public interest litigation system and the public participation system;last,Strengthen the coordination and linkage between the responsible subjects led by the government,Only in this way can we improve the efficiency of responsibility subject identification,Ensure the quality of ecological restoration in the mining area.